HomeMy WebLinkAboutRES NO 130-2021RESOLUTION NO. 13 ® 2 02 1
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE
LAND USE MAP DESIGNATION OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN AND ZONE CHANGE, LOCATED AT
1108 H STREET (GPA/ZC NO. 21-0008).
WHEREAS, Landmark Surveying and Engineering, representing A Group, LLC
(property owner), submitted an application with the City of Bakersfield requesting an
amendment to the land use map designation of the Metropolitan Bakersfield General
Plan from OC (Office Commercial) to GC (General Commercial) on 0.15 acres and an
amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District
from C -O (Professional and Administrative Office) to C-1 (Neighborhood Commercial)
on 0.15 acres located at 1 108 H Street (the "Project"); and
WHEREAS, the Planning Commission recommended adoption of a Mitigated
Negative Declaration for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, July 14, 2021 at 5:15 p.m.
in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the
time and place for a public hearing before the City Council to consider the proposed
Negative Declaration as required by Government Code Section 65355, and notice of
the public hearing was given in the manner provided in Title 17 of the Bakersfield
Municipal Code; and
WHEREAS, during the hearing, the City Council considered all facts, testimony,
and evidence concerning the staff report, and the Planning Commission's deliberation,
and action.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 27-21 are
hereby adopted.
3. The Mitigated Negative Declaration for the Project is hereby adopted subject
to the mitigation measures in Exhibit A for the Project located on the map as
shown in Exhibit B, both of which are incorporated herein.
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OF11G1NAL
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on the 14th day of July 2021,
by the following vote:
AYES: COUNCILMEMBER: ARIAS GON AL S,1f &R, SMI FREEMAN, GRAY PARLIER
COUNCILMEMBER:
ABSTAIN; COUNCILMEMBER:
BSENT: COUNCILMEMBER: WQ.1
JU IE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED JUL 14 1021
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
Cit/Attor ley
B —�
IRIDIANA LLARDO-KING
Deputy City Attorney
Exhibit: A Mitigation Measures
B Location Map
Page 2 of 2
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On1OINAL
EXHIBIT "A"
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 21-0008
Air Quality Impact Mitigation Measures:
1. Prior to grading plan approval, the applicant/developer shall submit documentation to the
Planning Division that they will/have met all air quality control measures and rules required by
the San Joaquin Valley Air Pollution Control District.
2. Prior to grading plan approval, the applicant/developer shall submit proof to the Planning
Division that they have complied with the San Joaquin Valley Air Pollution Control District's
Indirect Source Rule (Rule 9510).
Biological Resources Impact Mitigation Measures:
3. Prior to ground disturbance, the applicant/developer shall have a California Department of
Fish and Wildlife (CDFW) approved wildlife biologist ("qualified biologist") survey the location
for species (i.e., Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, and
Bakersfield cactus) covered under the Metropolitan Bakersfield Habitat Conservation Plan
incidental take permit for urban development and comply with the mitigation measures of the
permit. Survey protocol shall be that recommended by CDFW. The applicant/developer shall
be subject to additional mitigation measures recommended by the qualified biologist. A copy
of the survey shall be provided to the Planning Division and wildlife agencies no more than 30
days prior to ground disturbance.
Cultural Resources Impact Mitigation Measures:
4. Prior to construction and as needed throughout the construction period, a cultural
awareness/resources training program shall be provided to all new construction workers within
one week of employment at the project site. The training shall be prepared and conducted
by a qualified cultural resources specialist. Documentation of pre -construction training shall be
submitted to the Planning Department within 5 days of training completion.
5. During construction, if buried paleontological or cultural resources are encountered during
construction or ground disturbance activities, all work within 50 feet of the find shall
immediately cease and the area cordoned off until a qualified cultural and/or
paleontological resource specialist that meets the Secretary of the Interior's Professional
Qualification Standards can evaluate the find and make recommendations. If the specialist
determines that the discovery represents a potentially significant resource, additional
investigations may be required. These additional studies may include avoidance, testing, and
excavation. All reports, correspondence, and determinations regarding the discovery shall be
submitted to the California Historical Resources Information System's Southern San Joaquin
Valley Information Center at California State University Bakersfield.
6. During construction, if human remains are discovered, further ground disturbance shall be
prohibited pursuant to California Health and Safety Code Section 7050.5. The specific
protocol, guidelines, and channels of communication outlined by the Native American
Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public
Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the discovery of
human remains, at the direction of the county coroner, Health and Safety Code Section
7050.5(c) shall guide Native American consultation. t6Ahc9
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Exhibit A
GPA/ZC No. 21-0008
Page 2
Traffic Impact Mitigation Measures:
7. Prior to or concurrently with the issuance of building permits, the project applicant shall
provide proof to the Planning Division of the project's participation in the Regional
Transportation Impact Fee Program as well as payment of the adopted fees in place for the
land use type at the time of development.
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OrRKGNAL
GPA/ZC 21-0008
EXHIBIT 11B" C -C
CITY OF BAKERSFIELD
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R-3 L 5 — .- - m n — „ 10TH ST- 40TH STs,
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LEGEND
(ZONE DISTRICTS)
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-14.5 One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R -S Residential Suburban
24,000 sq.ftjdwelling unit
R -S{ ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot arealdwelling unit
R -H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A -20A Agriculture
20 acre min lot size
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-0 Professional and Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C -C Commercial Center
C -B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP -P Floodplain Primary
FP -S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM- West Ming Specific Plan
0
BAKERSFIELD
Feet
I 1
0 140 280
Dacament Nemo: 2021 03_04_ pmc